86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
THE CITY OF NAGPUR CORPORATION ACT, 1948
1. Short title, extent and Commencement
(1) This Act may be cited as the City of Nagpur Corporation Act, 1948.
(2) Except as is hereinafter otherwise expressly, it applies only to the larger urban area constituting the City of Nagpur.
(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf.
7. Incorporation of Corporation.
The Corporation shall by the name of the Corporation of the City of Nagpur be a body corporate, and have perpetual succession and common seal, and shall by that name sue and be sued.
9. Constitution of Corporation and division of City into wards.
(1) The Corporation shall consist of,-
(a) one hundred twenty-nine Councillors directly elected at ward elections;
(6. Amendment of section 9 of C.P. Bearer II of 1950—In section 9 of the City of Nagpur Corporation Act, 1948, in sub-section (1), in clause (a), for the words “one hundred twenty-nine” the words “one hundred thirty-six” shall be substituted.
(b) five nominated Councillors having special knowledge or experience in municipal administration, nominated by the Corporation in the prescribed manner.
(2) The State Election Commissioner shall, from time to time, by notification in the Official Gazette, specify for the City the number and boundaries the wards into which the City shall be divided for the purpose of the ward election or Councillors, so that, as far as practicable, all wards shall compact areas and the number of persons in each ward according to the latest census figures shall approximately be the same. Each of the wards shall elect one Councillor;
Provided that, the provisions made tinder sub-section (1) or notification issued under sub-section {2) shall not have effect until the expiry of the duration of the existing term of the Corporation.
Provided also that, before arty notification is issued under sub-section (2), a draft thereof shall be published in the Official Gazette and in such other manner as in the opinion of the State Government is best calculated to bring the information to the notice of all persons likely to be affected thereby, together, with a notice specifying the date on or before which any objections or suggestions will be received, and the dare alter which the draft will be taken into consideration.
9A. Reservation of seats.
(1) In the scats to be filled in by election in the Corporation there shall be seats reserved for persons belonging to the Scheduled Cast, the Scheduled Tribes, Backward Class citizens and women, as may be determined by the State Election Commissioner, in the prescribed manner.
(2) The seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in the Corporation shall bear, as nearly as may be., the same proportion to the total number of scats to be filled in by direct election in the Corporation as the population of the Scheduled Castes, or, as the case may be, the Scheduled Tribes, in the Corporation area bears [u the total population of that arcs and such seats shall be allotted by rotation to different wards in the Corporation.
Provided that, one thirds of the total number of seats so reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
Provided further that, where only one seat is reserved for the Scheduled Castes, or as the case may be, the Scheduled Tribes, then no seat hall be reserved for women belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes and where only two seats are reserved for the Scheduled Castes, or as the case may be, the Scheduled Tribes, one of the two seats shall be reserved for women be to the Scheduled Castes, or as the case may be, the Scheduled Tribes.
(3) The seats to be reserved for persons belonging to the category of Backward Class of citizens shall be twenty-seven per cent of the total number of seats to be filled it by election in the Corporation and such seats shall be allotted by rotation to different wards in the Corporation:
Provided that, one-third of the total number of seats so reserved shall be reserved for woken belong to the category of Backward. Class of citizens.
(4) One-third (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the category of Backward Class of citizens) of the total number of seats to be filled in by direct election. in the Corporation shall be reserved for woken and such seats shall be allotted by rotation to different wards in the Corporation.
(2) The State Election Commissioner may, by order delegates any of his powers and functions to any officer of the Commission or any officer of the. State Government nor below the rank of Deputy Collector or any officer the Corporation not below the rank of Assistant Commissioner.
(3) All the officers and members of the staff appointed or deployed for preparation of electoral rolls and conduct of election of the Corporation under this Act or the rules shall function under the superintendence, direction and control of the State Election Commissioner.
{4) Notwithstanding anything contained in this Act and the rules, the State Election Commissioner may issue such special or general orders or directions which may nor be inconsistent with the provisions oldie Act for fair and free elections.
9C. Powers of State Election Commissioner to issue directions to the prevent impersonation.
The State Election Commissioner may, with a view to prevent impersonation of electors at the time of election, issue such directions, as be thinks lit, to the presiding officers and such directions may include instructing the electors to produce, at the time of polling the photo identity cards issued to them under the provisions of the Representation of the Peoples Act, 1951.
12. Preparation of municipal election roll.
The Assembly roll for the time being in force, on such dale as the State Election Commissioner may, by general or special order notify, shall be divided by the State Election. Commissioner into different section corresponding to different wards in the City; and printed copy of each section of the roll so divided and authenticated by the State Election Commissioner or an officer authorised by him, shall be the ward roll for each ward.
13. Enrolment in municipal electoral roll.
Every person whose name is included in any ward roll shall be deemed enrolled in the municipal electoral roll.
13A. Person Qualified to vote. B
Every person whose name is in final ward roll shall be deemed to be entitled to vote at the ward election and every person whose name is nut in the said roll shall be deemed to be not entitled to vote.
14. Qualifications of candidates.
(1) Subject to the provisions of this Act, a person who is not less than twenty-one years of age on the last date fixed for making the nomination for any general election or bye-election and is enrolled in the municipal electoral roll as a voter for a ward shall be qualified to be a Councillor, and to be elected either from such ward or Crum any other ward.
(2) Any person who ceases to be a Councillor shall, if qualified under sub-section (1), be eligible for re-election as such.
15. Disqualifications of candidates.
No person shall be eligible fur election as a Councillor if he-
(a) is not a citizen or India;, or
(b) has been adjudged by a competent court to be of unsound mind; or
(c) is a leper; or
(ca) has, at anytime` after the commencement of section 8 of the Maharashtra Municipal Corporation (Amendment) Act, 1970, been convicted of an offence punishable under section 153A, or sub-section (2) or (3) of section 505, of the Indian Penal Code:
Provided that, such qualification shall be for a period or six years from the date of such conviction; or
(d) has been convicted by a Court in India of any offence involving moral turpitude unless a period of six years has elapsed since the date of such convictions; or
(e) has been dismissed from the service of the Government for misconduct and has been declared to be disqualified for employment in the public service; or
(f) has been dismissed for misconduct from the service of any municipal corporation, municipal committee, notified arc committee, district council or local board and has been declared by the State Government to be disqualified for employment in the public service; or
(g) has been so disqualified by or under any law,-
(i) for the time being in force for the purpose of elections to the Legislature of the State.
Provided that no person shall be disqualified on the ground that he is less than he is less thin twenty-five years of age, if he has attained the age of twenty-one years;
be taken into consideration for the purpose of disqualification mentioned in this clause.
Explanation — For the purpose of this clause, —
(i) where a couple has only one child on or after the date of such commencement, any number of children borne out of a single subsequent delivery shall be deemed to be one entity;
(ii) “child” does not include an adopted child or children.”
16. Publication of names of Councillors in the Official Gazette.
The names of all persons elected to be the Councillors shall be published by the Stale Election Commissioner in the Official Gazette.
17. Duration of Corporation.
(1) The Corporation shall, unless sooner dissolved, continue for a period of five years from the dare appointed for its first meeting and no longer.
(2) A Corporation constituted upon the dissolution of the Corporation before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Corporation would have: continued under sub section (1), had it not been so dissolved.
17A. Term of office Councillors.
The term office of the Councillors shall be co-terminus with the duration of the Corporation.
17B. Election constitute Corporation.
An election to constitute the Corporation shall be completed,—
(a) before the expiry of its duration specified in sub-section (1) of Section 17; or
(b) before the expiration of a period of six months from the date of its dissolution;
Provided that where the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall. not be necessary to hold and election under this section for constituting the corporation for such period.
18. Filling up of casual vacancies.
(1) In the event of failure to accept office by a person elected to be a Councillor, or of the death, resignation or disqualification of a Councillor, or of his becoming incapable of acting before the expiry of his term of office, a casual vacancy shall be deemed have occurred in such office and such vacancy
shall be filled as soon as conveniently may be but not later than six months by the election of a person thereto as Councillor, who shall take &Tice forthwith and shall hold such office fur the unexpired term of his predecessor:
(2) Notwithstanding anything contained in sub-section (1), no election shall be held for the filling of a vacancy if general election is due to be held in six months of the occurrence of such vacancy:
19. Effect of subsequent disabilities.
If any person having been elected or nominated a Councillor,—
(a) subsequently becomes subject to any of the disqualifications specified in section 15 and such disqualification is not removable or being removable is not removed, or
(a-1) has been disqualified under the Maharashtra. Local Authority Members’ Disqualification Act, 1986, for being a councilor, or
(b) absent himself during three consecutive months from the meetings of the Corporation, except from temporary illness or for any other cause which the Corporation may consider sufficient to justify such absence, or
(c) is retained or employed it any professional capacity in connection with any matter to which the Corporation is a party, or
(d) absence himself during six consecutive months from the meeting of the Corporation, or
(e) fails to pay any arrears of any kind due by him to the Corporation within three months after a special notice in this behalf has been served upon him by the Commissioner,
Such person shall cease to be a Councillor and the State Government shall, by notification, declare his seat to a vacant.
86540
103860
630
114
59824